What is probate?

Probate in Texas is a formal legal process that happens after someone passes away, in which either:

1. A Last Will and Testament is “proved” and accepted as a valid document, or
2. If there is no Last Will and Testament, the heir of the estate is determined.

The probate process in Texas includes the following:

• Identifying and determining the value of the person’s assets,
• Paying debts and taxes if any, and
• Distributing the net assets of the estate to their rightful beneficiaries.

Steps in the probate process

Dying without a Last Will and Testament in Texas

In the event a person dies without a Last Will and Testament, they are considered to have died “intestate” and the estate assets are distributed according to state law. This process, known as an heirship determination, can be long, complicated, and costly.

How long does the probate process in Texas take?

The length of the probate process depends on the complexity and specific assets in the estate. But in general, the process takes an estimated 6-12 months.

It’s also important to know that the State of Texas requires probate of a Last Will and Testament to be filed within 4 full years following the testator’s death; if not, it’s possible that a valid will can be denied probate, causing serious issues.

Do you need to hire a probate law attorney?

Texas courts do not allow non-lawyers to file applications to probate a Last Will and Testament or an estate administration, and they will not allow non-lawyers to represent an estate in court.

A probate proceeding is a very detailed process requiring extensive knowledge of the law to successfully complete. Mistakes can easily be made without an experienced probate law attorney to guide you through the process, causing significant damage and added fees to the case.

At the Underwood Law Firm, we have a skilled and experienced team of probate law attorneys who can guide you through the process. Let our team help you navigate through this complicated process.